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Consumer Law
Consumer Protection
Violation of Proposition 65

Consumer Advocacy Group Inc. v. Tak Shing Hong Inc., aka T.S. Emporium, Four Seas Mercantile Limited, Four Seas Group, Four Seas Mercantile Holdings Limited, Nico-Nico Foods (S) PTE Ltd., Nico-Nico Nori Inc., Akita Trading Co. Ltd., Well Luck Co. Inc., Rom America Inc., and Does 1 to 30

Published: Jan. 4, 2019 | Result Date: Aug. 8, 2018 |

Case number: BC640058 Settlement –  $225,000

Judge

Terry A. Green

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Benyahou Yeroushalmi
(Yeroushalmi & Yeroushalmi)

Reuben Yeroushalmi
(Yeroushalmi & Yeroushalmi)


Defendant

Andrew Morrow
(Koletsky, Mancini, Feldman & Morrow)


Facts

Plaintiff filed a complaint against Rom America Inc. in relation to violations under California's Proposition 65, formerly The Safe Drinking Water and Toxic Enforcement Act of 1986.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged violations of Proposition 65 when defendant exposed California citizen's to seaweed that contained the hazardous chemical lead without providing a clear and reasonable warning of exposure.

DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's allegations and contended that its products were in compliance with the law.

Result

Parties settled the matter and entered into a consent judgment. Plaintiff was awarded injunctive relief and a total settlement sum of $225,000. The settlement required defendant to reimburse $180,000 in legal fees and costs in addition to $25,720 in civil penalties. The settlement also included an additional settlement payment in the amount of $19,280.


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